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Terms & Conditions

Terms and Conditions

 
Warranty Information
You are entitled to the manufacturer's limited expressed warranty, if any, that accompanies the product. MXGear.com makes no additional or independent warranty. All other warranties, express or implied, including the warranties of merchantability and fitness for a particular purpose are disclaimed. MXGear.com shall under no circumstances be liable for special, incidental, or consequential damages including loss of profit, even if it has been advised of the possibility of such damages; the maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not to exceed the purchase price of the product.

Errors and Omissions
MXGear.com makes every effort to ensure the accuracy of the information on our Web site(s). However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. MXGear.com makes no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided "as is" without warranty of any kind.

If an error is made and a product is listed at an incorrect price, MXGear.com shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, MXGear.com shall immediately issue a credit in the amount of the incorrect price.

Note: We do not guarantee MXGear.com prices listed on other Web sites or price engines.

Non-U.S. Net Users
Sales of our products must follow U.S. Commerce Department Regulations and State Department restrictions.
Products 

MXGear.com Standard Terms of Sale
All sales are subject to the following terms and conditions:

1. Customer Acknowledgment.
Customer acknowledges agreement with these Terms of Sale by the placement of an order to purchase a Product from MXGear.com.

2. All Sales Made In Illinois.
All sales shall be deemed made in the State of Illinois, USA, regardless of the location of the Customer.

The Customer agrees that any dispute with MXGear.com arising out of the Customer's purchase from MXGear.com shall be brought by the Customer exclusively in the state or federal courts situated in the State of Illinois; and the Customer hereby agrees that such venue is appropriate and that MXGear.com' agreement to sell and deliver products to the Customer is dependent on this provision.

3. Purchase Price.
(a) Prices and promotions are listed in MXGear.com Web site and its advertisement, and are subject to change without notice.

(b) Payment is due before shipment, unless credit terms have been arranged in advance with MXGear.com' Credit Department. In such case, payment terms shall be as set forth in the credit agreement.

(c) MXGear.com collects sales and use taxes for sales made to residents of the State(s) of Illinois. MXGear.com shall not be liable for handling or customs charges for shipments outside the United States.

4. Shipping Terms.
Shipping terms are: F.O.B. Illinois. MXGear.com will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer. Risk of loss is upon Customer once MXGear.com delivers the Product to the carrier. Delivery times are estimates only and MXGear.com shall not be liable for delays.

5. Vendor License Agreements.
Customer agrees to abide by all license provisions or end user agreement imposed by the manufacturer or publisher.

6. International.
Products sold by MXGear.com may be exported from the United States only in accordance with the Export Administration Regulations. Diversion contrary to United States law is prohibited. Customer warrants and represents that it is eligible to receive Products under United States law and agrees to abide by any export or re-export restrictions imposed by the manufacturer or publisher.

7. LIMITED MANUFACTURER'S WARRANTY.
(a) MXGear.com warrants that it has good title to the Products.

(b) MXGear.com does not warrant the performance or integrity of any Product, but merely passes through to the Customer whatever end-user warranty the manufacturers.

(c) MXGEAR.COM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED BY LAW, INCLUDING MERCHANTABILITY AND USE FOR A PARTICULAR PURPOSE.

8. LIMITATION OF LIABILITY.
IN NO EVENT SHALL MXGear.com BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OPPORTUNITY. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IS STATED IN THE MANUFACTURER'S WARRANTY ACCOMPANYING THE PRODUCT. IN NO EVENT SHALL MXGear.com' LIABILITY EXCEED THE REPAIR, REPLACEMENT OR COST OF THE SPECIFIC PRODUCT PURCHASED FROM MXGear.com. SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMERS MAY NOT APPLY. CUSTOMER MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.

9. Returns.
Returns of Products are subject to MXGear.com current return policies, which are set forth in the advertisement, Web site, and shipping statement, subject to any additional or lesser return rights adopted by the manufacturer or publisher.

10. Exclusive Agreement.
These Terms of Sale represent the complete and final agreement between the Customer and MXGear.xom for the matters set forth herein, and shall be supplemented only by the prices, quantity, and descriptions set forth in MXGear.com invoice for the relevant sale. Terms contained in Customers' purchase orders, offers to buy, terms and conditions, and the like shall have no effect.

11. General.
(a) These Terms of Sale and any transactions made under them shall be interpreted by and be subject to the laws of the State of Illinois.

(b) In the event any section or portion of a section of these Terms of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms of Sale, and the remaining terms shall continue in full force and effect.

(c) MXGear.com shall not be responsible for damages or delays resulting from Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, and embargo.

(d)These Terms of Sale may be modified from time to time by MXGear.com without notice, and are current as of the date of the then current advertisement or Web site. Please refer to the current advertisement or Web site.

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